Will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A Wills that C be his executor if B will ... executrix by implication. (iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these
restrictions and modifications specified therein, apply— (a) to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first ... Judicature at Madras and Bombay; and (b) to all such Wills and codicils made outside those territories and limits so far as relates to immoveable
Indian Succession Act, 1925
70. Revocation of unprivileged Will or codicil.—
No unprivileged Will or codicil, nor any part thereof, shall be revoked otherwise than ... marriage, or by another Will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which
time different from the Will, forms part of
the related Will. That being the nature and character of codicil, flowing
from the definition itself ... execution and attestation of the codicil dated 21.5.1973. The codicil is
not proved. The codicil cannot have the effect of explaining altering or
adding
same legatee in the same Will or in the Will and again in the codicil, he is entitled to receive that specific thing only ... ring which was given by B. A afterwards made a codicil to his Will, and thereby, after giving other legacies, he bequeathed
Incorporation of papers by reference.—
If a testator, in a Will or codicil duly attested, refers to any other document then actually written as expressing ... such document shall be deemed to form a part of the Will or codicil in which it is referred
Executors in the Will filed a petition (733/07) in this Court interalia
praying for probate of the said Will and codicil. Item ... trustees, petitioners will have to file a separate suit.
It is submitted that other legatees under the Will and Codicil have not come
forward before
Indian Succession Act, 1925
73. Revival of unprivileged Will.—
(1) No unprivileged Will or codicil, nor any part thereof, which has been revoked ... showing an intention to revive the same. (2) When any Will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such
Indian Succession Act, 1925
72. Revocation of privileged Will or codicil.—
A privileged Will or codicil may be revoked by the testator by an unprivileged ... Will or codicil, or by any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity
will not support the respondents to dicharge their burden to establish the execution of the will and codicil by the testatrix.
13. The onus lies ... wanted to execute another will altering the will dated 20.10.1949. Again the rights given under the will and codicil had been altered by the testatrix
